Dustin Peterson

Downey Brand LLP

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Latest Posts › Cal Code of Civil Procedure

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Environmental Real Parties may be entitled to attorney’s fees for helping agency defend against private party attacks on highway...

In City of San Clemente v. Department of Transportation (2023) 92 Cal.App.5th 1131, the Fourth District Court of Appeal held that a homeowner’s association (Association), who challenged a proposed state highway extension...more

9/27/2023 / Appeals , Attorney's Fees , Cal Code of Civil Procedure , CEQA , Environmental Litigation , Highways , Homeowners Association (HOA) , Real Party in Interest

Privately Owned Public Utility Not Required to Comply With CEQA in Eminent Domain Action

In Robinson v. Superior Court (2023) 88 Cal.App.5th 1144, the Fifth District Court of Appeal held that Southern California Edison (SCE), as an investor-owned public utility, was not required to comply with CEQA in an eminent...more

4/18/2023 / Cal Code of Civil Procedure , CEQA , Eminent Domain , Investor-Owned Utilities , Property Owners , Public Agencies , Public Utility , Substantial Evidence , Utilities Sector

Petitioner Required To Post Bond For Costs Incurred As A Result Of Delay In Carrying Out Affordable Housing Project In Livermore

In Save Livermore Downtown v. City of Livermore (Dec. 28, 2022, Case No. A164987) __ Cal.App.1st __, the First District Court of Appeal held that the City of Livermore (City) did not violate planning and zoning laws when it...more

2/2/2023 / Administrative Record , Affordable Housing , Bonds , Cal Code of Civil Procedure , CEQA , Delays , Environmental Impact Report (EIR) , Housing Developers , Real Estate Development , Standard of Review , Zoning Laws

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